[slantyyz]

>> No. He is working remotely and the employer is paying for getting the job done.

To me, the test of whether he is being paid for results or time is whether he is paid more if the work required more than the 40 hours.

[arthurjj]

Agreed. Assuming he's salaried and not hourly there's no argument in my mind that he should feel required to tell them. If he's hourly I'd say it might be a gray area.

[davidw]

> If he's hourly I'd say it might be a gray area

If you're on contract to work X hours and you're doing 20% of that, it's a "gray area"?

[slantyyz]

That really depends. I've seen a lot of contract engagements where part of "the work" is just being there (or available) during standard business hours (e.g., 40h) regardless of whether you're doing anything. So depending on the situation, it is a "gray area".